A brief summary and critique of criminal liability rules for intoxicated conduct
| DOI | 10.1177/0022018318787390 |
| Published date | 01 October 2018 |
| Date | 01 October 2018 |
| Subject Matter | Articles |
Article
A brief summary and critique
of criminal liability rules
for intoxicated conduct
Paul H Robinson
University of Pennsylvania, USA
Abstract
This essay provides an overview of the legal issues relating to intoxication, including the
effect of voluntary intoxication in imputing to an offender a required culpable state of mind
that he may not actually have had at the time of the offence; the effect of involuntary
intoxication in providing a defence by negating a required offence culpability element or by
satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in
rendering intoxication involuntary; and the limitation on using alcoholism or addiction in
this way if the offender can be judged to be reasonably responsible for creating his own
addiction. It notes some of the differences between the US and UK approaches on some
issues.
Keywords
Voluntary intoxication, involuntary intoxication, excuse, defense, T1-T2 analysis
This essay offers an overview of the legal and conceptual issues relating to intoxication, criticisms of
current criminal law, and finally a proposal for providing a just assessment of criminal liability for
intoxicated conduct.
It focuses first on the issue of the possible legal effects of intoxication itself. That is, if one considers
the case in which there is no complicating issue of the intoxication being voluntary, what legal effect, if
any, does the actor’s intoxication have? Second, it takes up the complications that arise when a person
voluntarily intoxicates himself or herself. How does this change the legal effect of the intoxication?
Finally, it considers the issue of addiction. Does a person’s addiction have the legal effect of converting
his apparently voluntary intoxication into involuntary intoxication, thereby giving greater opportunity
for mitigation or excuse?
Corresponding author:
Paul H Robinson, University of Pennsylvania Law School, University of Pennsylvania, Philadelphia, PA 19143, USA.
E-mail: alan.reed@northumbria.ac.uk
The Journal of Criminal Law
2018, Vol. 82(5) 381–387
ªThe Author(s) 2018
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DOI: 10.1177/0022018318787390
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